# Vance by and Through Vance v. Thomas

> Court of Civil Appeals of Oklahoma · March 4, 1986 · 716 P.2d 710

URL: https://www.frixlaw.com/law-library/cases/9546131

## Case

- **Full name:** Christopher Allen VANCE, a Minor, by and Through His Mother and Guardian, Deborah VANCE, Appellant, v. Gary THOMAS and Phyllis Rae Thomas, Appellees
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** March 4, 1986
- **Citations:** 716 P.2d 710; 1986 OK CIV APP 3; 1986 Okla. Civ. App. LEXIS 39
- **Precedential status:** Published
- **Opinion:** Concurrence by Bacon
- **Judges:** Means, Rapp, Bacon
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9546131

## Opinion text

BACON, Judge,
specially concurring.
I concur and would like to add that summary judgment for defendants is not proper when the pleadings and evidence show that defendants sent a ten-year-old, an eight-year-old, a six-year-old, a two-year-old, and a one-year-old child into a closed bedroom with a loaded BB gun. I would go one step further and take judicial notice that a BB gun is a dangerous instrumentality. Anyone who does not agree should try convincing a person who has lost his sight in a BB gun accident that such guns are not dangerous. I see no difference between this case and one where a parent sends five children under ten years of age into a closed bedroom where there is a fan running without a guard, a biting bulldog, or a loaded twelve-gauge shotgun. That parent is liable whether a city ordinance was violated or whether the parent’s child was the one who ultimately discharged the weapon.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9546131. Public record. Not legal advice.